Pak Court Rejects Raymond Davis' Claim About Immunity

[tekisui]

Source: MSN

Islamabad: []In a setback to the US efforts to seek early release of its national Raymond Davis arrested for double murder, a Pakistani court today rejected his claim that he has diplomatic immunity and said it would go ahead with his trial.

(snip)

After hearing the arguments of defence and prosecution lawyers, judge Aujla said no authentic document had been presented by Davis or the Pakistan government to show that the American national had diplomatic immunity.

The judge said a note provided by the US embassy was not sufficient to prove Davis' diplomatic status. He rejected Davis' application claiming diplomatic immunity and said the court has the jurisdiction to go ahead with his trial.

(snip)

On March 14, the Lahore high court will hear a separate case to decide Davis' diplomatic status. Pakistani leaders, including Prime Minister Yousuf Raza Gilani, have said the matter should be settled by the courts.

more: http://news.in.msn.com/international/article.aspx?cp-documentid=4985965

_________________________________

Court expected to formally indict Davis at next hearing.

[tekisui]

1. k

[ProgressiveProfessor]

2. Pakistan needs to feel some serious diplomatic heat starting with serially removing their

diplomats in this country and restricting those at the UN coupled with a cessation of all US aid.

Whether he should have been there and if he should have had diplomatic immunity is a fair thing to discuss, but once the US played that card, the rules are inviolate and those who transgress need to hurt for it. I am amazed at this administration's reluctance to do the right thing.

[malaise]

3. Which of their Diplomats is going across America

killing their citizens.
Davies is a murderer

[ProgressiveProfessor]

6. Odd as it sounds, that does not matter. Diplomatic immunity once asserted has to be honored

no matter how distasteful (cue Law & Order shows on this). Otherwise it is worthless. Pakistan needs to understand this immediately and hardly. Otherwise US diplomats (real or not) are now targets world wide.

[malaise]

11. They will have to explain how a 'contract worker'

with Blackwater of whatever the X they now call themselves has Diplomatic Immunity when he's not even on the 'staff list'.

[ProgressiveProfessor]

12. Does he have a diplomatic passport?

[tekisui]

4. Can the US legitimately play that card after the fact?

[ProgressiveProfessor]

5. It was invoked immediately upon his arrest by the embassy and has not been withdrawn

He undoubtedly asserted it himself at the time

[tekisui]

7. After the fact.

All of that occurred after the killing. The question is whether he had immunity prior to the killing.

[ProgressiveProfessor]

8. You can not invoke it if you don't already have it

He was an accredited member of the staff with a diplomatic passport. He had it upon entry to Pakistan.

[tekisui]

9. That is the point of contention.

It seems he may have not been performing a job covered under the definition of diplomat. The State Dept originally classified him holding a position not covered. Then,changed their story. It may be that he wasn't covered while in Pakistan.

[ProgressiveProfessor]

10. There is a lot of conflicting gouge on that

If he has a diplomatic passport he is covered...its black letter.

[gratuitous]

13. According to the story

The court has been presented with a "note" from the US embassy, and has ruled it insufficient to establish Mr. Davis' status. I suppose if the Pakistanis classify him as an enemy combatant, that would trump the embassy note. After all, once someone is declared an enemy combatant, a country can imprison them indefinitely without charge, access to counsel, and even subject them to torture. Maybe if Mr. Davis spent a few hours naked on bedsprings hooked up to a battery will get to the bottom of this. I'm sure John Yoo or Alberto Gonzalez could offer their considered legal opinions.

It is laughable that the United States should now seek to invoke international law to protect one of its citizens after its actions for the last decade. Well, not "laughable," but you know what I mean.